Petitioner sought declaration that certain Regulations were ultra-vires and directed allowance of medical migration. The petition was found infructuous as grievances were redressed during pendency and was dismissed on withdrawal.
Petition dismissed as withdrawn after petitioner's grievances were redressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9680 of 2018
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Swapnil, D/o Sri Rajesh Kumar, Resident of Mohalla-Kamla Niwas, Nawa Garhi, Old Jain Temple Lane, P.S.-Bishnu-Pad, Head Post office in the District of Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms. Shilpi Keshri, Advocate For the Respondent/s : Mr.P.N. Shahi- A.A.G. 6 For M.C.I. : Mr. Kumar Brijnandan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-10-2020 Petitioner prays for the following relief(s):-
“For declaring Clause 6 (4) of “Regulations on Graduate Medical Education, 1997” framed under Section 33 of The Medical Council Act, 1956 as ultra-vires to the Constitution of India on the ground that the same is against the principle of natural justice as well as absolutely arbitrary and is not a good law as it doesn’t provides ‘condonation clause’ for condoning the delay of more than 30 days if there is genuine ground which has caused the delay beyond
Patna High Court CWJC No.9680 of 2018(4) dt.08-10-2020
2/2
his/her control, for the purpose of filing of migration application for his/her transfer from one medical college to another medical college on genuine ground and further it also violates Article 14 of the constitution of India and further for issuance of a consequential writ in the nature of mandamus directing the respondent no.2 to allow the petitioner for her migration from Medical College, Bettiah, West Champaran to A.N. Magadh Medical College, Gaya to continue her further education in second year M.B.B.S. course and further for quashing the order dated 21/02/2017 passed by respondent no.2 as contained in Annexure no. 7 whereby and where under the petitioner’s application for her aforesaid migration had been rejected as it was filed 6 days over and above 30 days as prescribed under the Regulation.”
Learned counsel fairly states that during the pendency of the present petition, petitioner’s grievances stand redressed. As such, the matter has become infructuous and be permitted to be withdrawn.
Permission granted.
Petition is dismissed as withdrawn.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
U
Swapnil
State Of Bihar
Principal Secretary, Department of Health, Government of Bihar
Deputy Secretary, Department of Health, Government of Bihar
Registrar, Aryabhatta Knowledge University
Principal, Government Medical College, Bettiah
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
